20130626 TZCA Dar es Salaam

20130626 TZCA Dar es Salaam

The court held that the cause of action is justiciable as it concerns defamation, not religious matters, and that the High Court has jurisdiction because the claim is not based on a monetary sum but on defamation, which is triable by the High Court.

Citation
20130626 TZCA Dar es Salaam
Parties
Plaintiff: Mr. Luhigiko Kibiki; 1st Defendant: The Secretary General, Evangelical Lutheran Church in Tanzania, Eastern & Coastal Diocese; 2nd Defendant: Debora Msemwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 June 2013
Procedural Posture
Civil / Ruling on Preliminary Objection During Defence Hearing
Outcome
preliminary objection dismissed
Legal Topics
Defamation, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Tort Defamation Jurisdiction Preliminary Objection

Case Brief

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Parties

Mr. Luhigiko Kibiki

Plaintiff

The Secretary General, Evangelical Lutheran Church in Tanzania, Eastern & Coastal Diocese

1st Defendant

Debora Msemwa

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection During Defence Hearing

Legal Issues

  1. 1 Whether the cause of action is justiciable in Tanzanian courts under Article 19(2) of the Constitution
  2. 2 Whether the High Court has pecuniary jurisdiction to hear the suit

Ratio Decidendi

The court held that the cause of action is justiciable as it concerns defamation, not religious matters, and that the High Court has jurisdiction because the claim is not based on a monetary sum but on defamation, which is triable by the High Court.

Court Disposition

preliminary objection dismissed

Orders

  • Proceedings to continue from current stage
  • Costs in the main cause